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2012-10-02 ConCom Minutes
Stow Conservation Commission
Minutes
October 2, 2012

A meeting of the Stow Conservation Commission was held at the Stow Town Building, 380 Great Road, Stow, Massachusetts, on October 2, 2012 at 7:30 in the evening.

There were present:     Ingeborg Hegemann Clark, Chair
David Coppes, Vice-Chair
Cortni Frecha
Serena Furman
Rebecca Mattison
Doug Morse

Absent:         Doug Moffat
        
                
Associates:             Jeff Saunders
Andy Snow
                

comprising a quorum of the Commission; also

                        Patricia R. Perry, SCC Coordinator
                        Maureen Trunfio, SCC Secretary

The Conservation Commission meeting was called to order at 7:30 PM.


Approve Minutes

Dave Coppes made a motion to approve the minutes of September 18, 2012 as drafted and amended. Becky Mattison seconded the motion and it was passed unanimously.

Stow Shopping Plaza/117 Great Road (R-30 #13A)
Water System Upgrades

Pat Perry received a request from Don Proven of Provencher Engineering, LLC of Merrimack, NH asking for guidance from the Commission with proposed upgrades to the water supply pump station serving the Stow Shopping Plaza. Proven told Perry that they are under an Administrative Consent Order with DEP to conduct upgrades.

Part of the DEP-approved upgrades include removing and/or filling in several shallow small-diameter abandoned well points adjacent to the existing above-ground pump station building. Additionally they would like to decommission of an existing underground concrete chamber and storage tank. The Commission would like to receive a better description of what is involved in abandoning the well points, especially in regards to required excavation work.

David Coppes said that he will contact Proven and speak with him to determine whether an RDA or NOI must be filed before work can commence.


Request for Determination of Applicability (RDA)
27 Barton Road (U-1 #53-1)

At 7:40 PM Ingeborg Hegemann Clark opened the public hearing for a Request for Determination of Applicability filed by Connie Zimmerman for maintenance of native vegetation within the Riverfront Area at her residence at 27 Barton Road. Ingeborg Hegemann Clark and Serena Furman met with an arborist from Bartlett Tree on site and reviewed the application on behalf of the Commission.

Ingeborg Hegemann Clark reported to the Commission that the Zimmermans are replacing their septic . Because the yard will be “torn up” this would be an ideal time to pursue invasives.  The Commission granted permission to remove the multi-flora rose on the right, in front of the existing red line. Zimmerman told the Commission that she would prefer to remove affected trees this fall and treat invasives with herbicides in the spring.  Herbicides that were approved by the Commission were Sightline plus Impel (oil) and Glyphosate such as Round-Up. In areas of the property under commission jurisdiction only stem application of herbicides is approved and spraying is not allowed.

Hegemann Clark mentioned one 24-inch diameter red maple tree that showed stress according to Bartlett Tree. The Commission told Zimmerman that this tree should be protected. The Commission suggested pulling the grape and multi-flora rose from the tree as well as treating shrubs and other invasives surrounding the red maple. The Commission granted permission to remove a vine-covered dead 18-inch diameter red maple. The Commission granted permission for the removal of an 8-inch diameter ash tree and a 4-inch diameter black cherry tree. Two other small (less than six-inch diameter) dead trees have been flagged for removal and the Commission agreed to allow these to be removed. The Commission recommended keeping the snag (dead limb) of a split stem red maple tree.

No abutters were present for this hearing.

Dave Coppes made a motion to close the public hearing for a Request for Determination of Applicability filed for proposed removal of invasive plants at 27 Barton Road. Serena Furman  seconded the motion and it was passed unanimously.

Becky Mattison made a motion to issue a Negative 3 Determination approving the Request for Determination of Applicability filed for proposed removal of invasive plants at 27 Barton Road as drafted with special conditions. Cortni Frecha seconded the motion and it was passed unanimously.

Abbreviated Notice of Resource Area Delineation (ANRAD)
33 & 45 Walcott Street (R-1 #64A & 63)

The applicant, Mark White of Bentley Building Corp. is requesting confirmation of wetland delineation and a delineation of mean annual high water line of two perennial streams partially located on site. Bentley was present at this meeting. Rich Harrington of Stamski and McNary, Inc. is representing the applicant and was present at this meeting.

Before Harrington began his presentation, Chairperson Ingeborg Hegemann Clark explained to abutters in the audience the purpose and scope of an ANRAD hearing. Harrington displayed a site plan that showed wetlands, 100-foot buffer zones, the 200-foot riverfront areas, 2 perennial streams (Sandy Brook plus one unnamed), an intermittent stream, a farmer’s pond, a potential vernal pool (PVP flags #1-8) and bordering vegetated wetlands as Stamski and McNary has them flagged at present. Dave Crossman of B&C Associates conducted the field work for the delineation that was presented by Harrington. Crossman was not present at this meeting.

Harrington mentioned that there are FEMA flood plains associated with the brooks that run through this property. He told the Commission that these are being located by field survey and that they would not be part of the filing being presented tonight. He added that this is another aspect of the filing that would need to be addressed at future hearings.

Harrington presented a Locus map of property that was passed around to the Commission. He clarified that there is a FEMA flood plain that has known elevations that they have surveyed and will be discussed as the project moves forward. The Commission asked how Harrington determined the flood plains and he told them that he did so by noting elevations.
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The Commission questioned Harrington’s methodology utilized for determining that the intermittent stream that runs from the neighboring Radant property is indeed intermittent.  He stated that he had referenced the USGS map. The Commission asked Harrington to calculate the tributary watershed to make certain that this stream is indeed intermittent.  Harrington agreed to do so and to report those findings to the Commission. The Commission questioned that Harrington did not notate bank along the stream he classified as intermittent. He said that he had not shown bank because he had seen the area dry several times and was considering it intermittent. The Commission explained that if it is found to be a perennial stream instead of an intermittent stream, he will need to demarcate the bank.

Harrington submitted an amendment to Sheet #3 with a revised date of October 1, 2012. This will be used in the field during the Commission’s site visit.

Many abutters were present (see file for a list of names and addresses). Most were concerned with drainage issues in the area. Several stated having had “water problems” in the area for many years. Bill Soelz of 32 Mitchell Road, George Cogswell of 33 Edgehill Road, Jeremy Reiner of 21 Edgehill Road and Corrie McLean of 40 Walcott Street stated concerns regarding drainage in the area. Harrington explained that his client has no intention of developing in a protected wetland area and that this process is in place to ensure that those areas remain protected. Hegemann Clark, Chair of the Commission explained the many layers of legislated protection for the wetlands—Federal, State and Stow’s own local bylaws. The Commission clarified that in the grand scope of the development of this project, the Commission’s only jurisdiction is to protect the wetlands. The Commission reminded the public that they will receive abutter notifications for all public hearings regarding this project.

The Commission scheduled a site visit to the property on Sunday, October 14, 2012 at 9 am. Harrington will accompany members of the Commission on the site visit.

Harrington agreed to continue the public hearing to October 30, 2012.

David Coppes made a motion to continue the public hearing for an Abbreviated Notice of Resource Area Delineation filed by Mark White of Bentley Building Corp. for the proposed activity of confirmation of wetland delineation and the delineation of mean annual high water line of two perennial streams partially located on site at 33 & 35 Walcott Street to October 30, 2012 on or after 7:30 pm. Serena Furman seconded the motion and it was passed unanimously.


Notice of Intent (no DEP number received at the time of this meeting)
320 Hudson Road (R-12 #17)

At 8:40 PM Ingeborg Hegemann Clark opened the public hearing for a Notice of Intent (NOI) filed by Andrianne Snow for the proposed activity of constructing an 11’x 22’ addition to the existing house with an attached 8’x10’ deck. Serena Furman, Cortni Frecha and Doug Morse conducted the site inspection on behalf of the Commission. Steve Pool of Lakeview Engineering was present and presented to the Commission. Andrianne Snow, the applicant, was also present.

The NOI states that both structures are proposed to be built within the existing lawn area and will be built on piers as opposed to a full foundation. An erosion control barrier will be placed as shown on the drawing to protect the resource area. Steve Poole told the Commission which areas the proposed work might impact and also told the Commission proposed steps for mitigation of potential impacts. Poole stated that the proposed work will result in the alteration of approximately 320 square feet within the Inner Riparian Zone of the Riverfront. As this alteration is over 50 feet from the river and is within existing lawn area and is an addition to the existing house, it is subject to being a minor project and not subject to Riverfront Regulation.

The Commission questioned rainwater runoff from the roof of the home. Pool and Snow agreed to install a downspout from the gutter system on the southern corner of the house, furthest from the wetland area.

This hearing could not be closed because a DEP filing number had not been received at the time of this meeting. The applicant agreed to continue the hearing to October 16, 2012.

David Coppes made a motion to continue the public hearing filed by Andrianne H. Snow for the proposed activity of constructing an 11’x 22’ addition to the existing house with an attached 8’x10’ deck at 320 Hudson Road to October 16, 2012 on or after 7:30 pm. Becky Mattison seconded the motion and it was passed unanimously.


Derby Woods Open Space Trail & Conservation Restriction Agreement

This agreement was agreed upon by Habitech and the Stow Conservation Trust. The Commission members agreed not to accept the Conservation Restriction or title until all encroachments are removed from abutting conservation land. The Planning Board Coordinator agreed that a certain amount of bond money should be held back until encroachment issues have been resolved. Pat Perry informed the Commission that concrete bounds will be installed to identify property lines in order to deter future encroachments.

Adjournment

Becky Mattison made a motion to adjourn the meeting at 9:25 PM. Cortni Frecha seconded the motion and it was passed unanimously.

The Commission adjourned at 9:25 PM.

Respectfully submitted,


Maureen Trunfio
Stow Conservation Commission Secretary